Establishing the President's Board on
Safeguarding Americans' Civil Liberties
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to further strengthen protections
for the rights of Americans in the effective
performance of national security and homeland security
functions, it is hereby ordered as follows:
Section 1. Policy. The United States Government has a
solemn obligation, and shall continue fully, to protect
the legal rights of all Americans, including freedoms,
civil liberties, and information privacy guaranteed by
Federal law, in the effective performance of national
security and homeland security functions.
Sec. 2. Establishment of Board. To advance the policy
set forth in section 1 of this order (Policy), there is
hereby established the President's Board on
Safeguarding Americans' Civil Liberties (Board). The
Board shall be part of the Department of Justice for
administrative purposes.
Sec. 3. Functions. The Board shall:
(a)
(i) advise the President on effective means to implement the Policy, and
(ii) keep the President informed of the implementation of the Policy;
(b)
periodically request reports from Federal departments and agencies
relating to policies and procedures that ensure implementation of the
Policy;
(c)
recommend to the President policies, guidelines and other administrative
actions, technologies, and legislation, as necessary to implement the
Policy;
(d)
at the request of the head of any Federal department or agency, unless the
Chair, after consultation with the Vice Chair, declines the request,
promptly review and provide advice on a policy or action of that department
or agency that implicates the Policy;
(e)
obtain information and advice relating to the Policy from representatives
of entities or individuals outside the executive branch of the Federal
Government in a manner that seeks their individual advice and does not
involve collective judgment or consensus advice or deliberation;
(f)
refer, consistent with section 535 of title 28, United States Code,
credible information pertaining to possible violations of law relating to
the Policy by any Federal employee or official to the appropriate office
for prompt investigation;
(g)
take steps to enhance cooperation and coordination among Federal
departments and agencies in the implementation of the Policy, including but
not limited to working with the Director of the Office of Management and
Budget and other officers of the United States to review and assist in the
coordination of guidelines and policies concerning national security and
homeland security efforts, such as information collection and sharing; and
(h)
undertake other efforts to protect the legal rights of all Americans,
including freedoms, civil liberties, and information privacy guaranteed by
Federal law, as the President may direct.
Upon the recommendation of the Board, the Attorney
General or the Secretary of Homeland Security may
establish one or more committees that include
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individuals from outside the executive branch of the
Federal Government, in accordance with applicable law,
to advise the Board on specific issues relating to the
Policy. Any such committee shall carry out its
functions separately from the Board.
Sec. 4. Membership and Operation. The Board shall
consist exclusively of the following:
(a)
the Deputy Attorney General, who shall serve as Chair;
(b)
the Under Secretary for Border and Transportation Security, Department of
Homeland Security, who shall serve as Vice Chair;
(c)
the Assistant Attorney General (Civil Rights Division);
(d)
the Assistant Attorney General (Office of Legal Policy);
(e)
the Counsel for Intelligence Policy, Department of Justice;
(f)
the Chair of the Privacy Council, Federal Bureau of Investigation;
(g)
the Assistant Secretary for Information Analysis, Department of Homeland
Security;
(h)
the Assistant Secretary (Policy), Directorate of Border and Transportation
Security, Department of Homeland Security;
(i)
the Officer for Civil Rights and Civil Liberties, Department of Homeland
Security;
(j)
the Privacy Officer, Department of Homeland Security;
(k)
the Under Secretary for Enforcement, Department of the Treasury;
(l)
the Assistant Secretary (Terrorist Financing), Department of the Treasury;
(m)
the General Counsel, Office of Management and Budget;
(n)
the Deputy Director of Central Intelligence for Community Management;
(o)
the General Counsel, Central Intelligence Agency;
(p)
the General Counsel, National Security Agency;
(q)
the Under Secretary of Defense for Intelligence;
(r)
the General Counsel of the Department of Defense;
(s)
the Legal Adviser, Department of State;
(t)
the Director, Terrorist Threat Integration Center; and
(u)
such other officers of the United States as the Deputy Attorney General
may from time to time designate.
A member of the Board may designate, to perform the
Board or Board subgroup functions of the member, any
person who is part of such member's department or
agency and who is either (i) an officer of the United
States appointed by the President, or (ii) a member of
the Senior Executive Service or the Senior Intelligence
Service. The Chair, after consultation with the Vice
Chair, shall convene and preside at meetings of the
Board, determine its agenda, direct its work, and, as
appropriate to deal with particular subject matters,
establish and direct subgroups of the Board that shall
consist exclusively of members of the Board. The Chair
may invite, in his discretion, officers or employees of
other departments or agencies to participate in the
work of the Board. The Chair shall convene the first
meeting of the Board within 20 days after the date of
this order and shall thereafter convene meetings of the
Board at such times as the Chair, after consultation
with the Vice Chair, deems appropriate. The Deputy
Attorney General shall designate an official of the
Department of Justice to serve as the Executive
Director of the Board.
Sec. 5. Cooperation. To the extent permitted by law,
all Federal departments and agencies shall cooperate
with the Board and provide the Board with such
information, support, and assistance as the Board,
through the Chair, may request.
Sec. 6. Administration. Consistent with applicable law
and subject to the availability of appropriations, the
Department of Justice shall provide the funding and
administrative support for the Board necessary to
implement this order.
Sec. 7. General Provisions. (a) This order shall not be
construed to impair or otherwise affect the authorities
of any department, agency, instrumentality,
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officer, or employee of the United States under
applicable law, including the functions of the Director
of the Office of Management and Budget relating to
budget, administrative, or legislative proposals.
(b) This order shall be implemented in a manner
consistent with applicable laws and Executive Orders
concerning protection of information, including those
for the protection of intelligence sources and methods,
law enforcement information, and classified national
security information, and the Privacy Act of 1974, as
amended (5 U.S.C. 552a).
(c) This order is intended only to improve the
internal management of the Federal Government and is
not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law
or in equity, by a party against the United States, or
any of its departments, agencies, instrumentalities,
entities, officers, employees, or agents, or any other
person.
(Presidential Sig.)B
THE WHITE HOUSE,
August 27, 2004.